SF 438

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying sales authority; creating an account;
modifying decorative boughs provisions; removing expiration of sustainable
forest resources provisions; appropriating money; amending Minnesota
Statutes 2006, sections 84.025, subdivision 9; 84.026, subdivision 1; 84.0855,
subdivisions 1, 2; 88.642, subdivision 1; 88.6435, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 89; repealing Minnesota
Statutes 2006, section 89A.11.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:

Subd. 9.

Professional services support account.

The commissioner of natural
resources may bill the various programs carried out by the commissioner for the costs of
providing them with professional support services. new text begin Except as provided under section
89.421, new text end receipts must be credited to a special account in the state treasury and are
appropriated to the commissioner to pay the costs for which the billings were made.

The commissioner of natural resources shall submit to the commissioner of finance
before the start of each fiscal year a work plan showing the estimated work to be done
during the coming year, the estimated cost of doing the work, and the positions and fees
that will be necessary. This account is exempted from statewide and agency indirect
cost payments.

Sec. 2.

Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:

Subdivision 1.

Contracts.

The commissioner of natural resources is authorized
to enter into contractual agreements with any public or private entity for the provision
of statutorily prescribed natural resources services by the department. The contracts
shall specify the services to be provided. new text begin Except as provided under section 89.421, new text end funds
generated in a contractual agreement made pursuant to this section shall be deposited in
the special revenue fund and are appropriated to the department for purposes of providing
the services specified in the contracts. The commissioner shall report revenues collected
and expenditures made under this subdivision to the chairs of the Committees on Ways and
Means in the house and Finance in the senate by January 1 of each odd-numbered year.

Sec. 3.

Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:

Subdivision 1.

Sales authorized; gift certificates.

The commissioner may
sell natural resources-related publications and maps; new text begin forest resource assessment
products; new text end federal migratory waterfowl, junior duck, and other federal stamps; and other
nature-related merchandise, and may rent or sell items for the convenience of persons using
Department of Natural Resources facilities or services. The commissioner may sell gift
certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee charged
by the commissioner under this section may include a reasonable amount in excess of the
actual cost to support Department of Natural Resources programs. The commissioner may
advertise the availability of a program or item offered under this section.

Sec. 4.

Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:

Subd. 2.

Receipts; appropriation.

new text begin Except as provided under section 89.421,
new text end money received by the commissioner under this section or to buy supplies for the use of
volunteers, may be credited to one or more special accounts in the state treasury and is
appropriated to the commissioner for the purposes for which the money was received.
Money received from sales at the state fair shall be available for state fair related costs.
Money received from sales of intellectual property and software products or services shall
be available for development, maintenance, and support of software products and systems.

Sec. 5.

Minnesota Statutes 2006, section 88.642, subdivision 1, is amended to read:

Subdivision 1.

Written consent.

No person shall cut, harvest, remove, transport, or
possess for decorative purposes or for sale more than three decorative trees, more than
deleted text begin 100 deleted text end new text begin 25 new text end pounds of decorative boughs, or more than deleted text begin 100 deleted text end new text begin 25 new text end pounds of any other decorative
materials without the written consent of the owner or authorized agent of the private or
public land on which the decorative materials were cut or harvested. The written consent
shall be on a form furnished or otherwise approved by the commissioner of natural
resources and shall contain the legal description of the land where the decorative materials
were cut or harvested, as well as the name of the legal owner of the land or the owner's
authorized agent. The written consent must be carried by every person cutting, harvesting,
removing, possessing, or transporting any decorative materials, or in any way aiding
therein, and must be exhibited to any officer at the officer's request at any time.

Sec. 6.

Minnesota Statutes 2006, section 88.6435, subdivision 1, is amended to read:

Subdivision 1.

Permits.

A person may not buy more than deleted text begin 100 deleted text end new text begin 25 new text end pounds of
decorative boughs in any calendar year without a bough buyer's permit issued by
the commissioner of natural resources. deleted text begin The annual fee for a permit for a resident or
nonresident to buy decorative boughs is $25. The annual fee may be reduced to $10 if
the buyer attends an approved annual workshop or other orientation session for balsam
bough harvesters and buyers. deleted text end new text begin The commissioner shall charge a fee for the permit that
covers the commissioner's cost of issuing the permit. A permit may not be granted until
the permit holder has completed a presale conference with the state appraiser designated
to supervise the cutting.
new text end

Sec. 7.

new text begin [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND
SERVICES ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The forest resource assessment products and services
account is created in the state treasury in the natural resources fund.
new text end

new text begin Subd. 2. new text end

new text begin Receipts. new text end

new text begin Money received from forest resource assessment product sales
and services provided by the commissioner under sections 84.025, subdivision 9; 84.026;
and 84.0855 shall be credited to the forest resource assessment products and services
account. Forest resource assessment products and services include the sale of aerial
photography, remote sensing, and satellite imagery products and services.
new text end

new text begin Subd. 3. new text end

new text begin Use of money in account. new text end

new text begin Money credited to the forest resource
assessment products and services account under subdivision 2 is annually appropriated to
the commissioner and shall be used to maintain the staff and facilities producing the aerial
photography, remote sensing, and satellite imagery products and services.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 89A.11, new text end new text begin is repealed.
new text end